Just a quick update to yesterday's post, where we mentioned that one of Governor Walker's budget vetoes would provide the state even more latitude to require drug testing of FoodShare Employment and Training participants who are able-bodied adults without dependent children and are subject to FoodShare work requirements. The veto would allow the state to require all program applicants and recipients be tested for drug use, regardless if the state has a reasonable suspicion of the person using illegal drugs. The Governor's veto is constitutionally problematic because federal courts have been skeptical of drug testing regimes for public benefit recipients without a reasonable suspicion that the recipient is using illegal drugs. It is also problematic because federal law does not allow states to create additional eligibility criteria for the program, and federal law does not list passing a drug test as on of the eligibility criterion for the program.

Because federal officials warned the Walker administration that the federal government was unlikely to approve the drug testing requirement, the Walker administration has filed a federal lawsuit requesting that a federal judge allow the state to implement the drug testing program and prevent the federal government from blocking it. Wisconsin Attorney General Brad Schimel filed the lawsuit on behalf of the Walker administration.

Please check back for more updates once we have more news regarding the status of the lawsuit.